Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are the accused in Crime No.501 of 2014 of the Balussery Police Station registered for the offences punishable under Sections 341, 324, 308, 506, 294(b) r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that on 17.08.2014 at 10.00 a.m. they wrongfully restrained the de facto complainant when the de facto complainant had demanded the amounts due from the first petitioner to him. It is alleged that the petitioners attacked him and beat him.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. Learned counsel for the petitioners submits that the matter has been amicably settled between the parties and the entire amount due to the de facto complainant was paid by the first petitioner. The de facto complainant has filed an affidavit stating that the matter has been settled and he has no complaints at present. When the matter relates to a money transaction, and the same has been settled amicably between the parties and especially when the de facto complainant has no complaints at present, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Tuesdays and Fridays commencing from 11.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge